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This entry was published on 2014-09-22
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SECTION 34-0105
Local regulation of coastal erosion hazard areas
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 34
§ 34-0105. Local regulation of coastal erosion hazard areas.

1. Within six months after the date on which a final identification of
an erosion hazard area is filed with the clerk of a city, town or
village pursuant to subdivision three of section 34-0104 of this
article, such city, town or village shall submit to the commissioner an
erosion hazard area ordinance or local law applicable to that portion of
such area located within its jurisdiction. Then the commissioner shall
review and certify such regulations as being consistent with the
purposes of this article and in accordance with minimum standards
promulgated under section 34-0108 of this article. All such ordinances
or local laws shall include a map or other identification of the erosion
hazard area subject to regulation, and zoning regulations, subdivision
regulations, site plan approval regulations or any other applications of
the police power, as such regulations may be authorized by the municipal
home rule law or other state enabling legislation, for the reasonable
and prudent use of erosion hazard areas in accordance with minimum
standards promulgated by the commissioner pursuant to section 34-0108 of
this article. Nothing in this article shall be construed to increase the
powers of any city, town or village; provided, however, that to carry
out the purpose of this article, any regulations adopted in compliance
with the provisions of this subdivision may be made applicable to only
that portion of such city, town or village which is located within the
erosion hazard area. The commissioner shall provide whatever technical
assistance he may deem necessary for preparation of an ordinance or
local law pursuant to this section.

2. Such erosion hazard area ordinance or local law shall be subject to
public notification and review and, be submitted to the commissioner for
approval as to its consistency with the minimum standards promulgated
pursuant to section 34-0108 of this article; the commissioner shall act
to approve or disapprove such ordinance or local law within thirty
working days of its receipt. If the commissioner disapproves the
ordinance or local law, he shall notify the city, town or village in
writing of the reasons for such disapproval, or modification necessary
for approval. The commissioner shall issue findings as part of his
decision.

3. In the case of the commissioners disapproval of a local law or
ordinance under subdivision two of this section, the commissioner, at
his discretion, may extend the six month period for the adoption of an
erosion hazard area local law or ordinance for a reasonable time period
not to exceed an additional six months, during which time, the local
government may adopt and re-submit a new or modified local law or
ordinance to the commissioner for approval as provided in subdivision
two of this section. During such extension period, provisions of section
34-0106 of this article shall not apply.

4. Prior to the adoption of any amendment to an approved erosion
hazard area ordinance or local law, the local government shall notify
the commissioner, who shall within fifteen days after receipt of such
notification advise the local government whether such amendment conforms
to the minimum standards promulgated pursuant to section 34-0108 of this
article. Any amendment to such ordinance or local law that relates to
such minimum standards shall be subject to approval by the commissioner
as provided in subdivision two of this section.

5. The commissioner shall revoke his approval of an erosion hazard
area ordinance or local law if he determines, after notice and hearing
relative thereto, that the affected city, town or village has failed to
administer or enforce such ordinance or local law to adequately carry
out the purposes and policies of this article. In the event of such
revocation, the provisions of subdivision seven of section 34-0106 of
this article or the provisions of subdivision three of section 34-0107
of this article shall apply.

6. Where an application is made for any permit, variance or other form
of approval required pursuant to any local law or ordinance enacted or
adopted and approved by the commissioner pursuant to this section, for
any activity or development within a designated erosion hazard area, the
city, town or village to which such application is made shall ascertain
what, if any, other permit, variance or hearing procedures or
applications are required with regard to such activity or by any
governing body of the state or any of its subdivisions pursuant to any
federal, state or local law or ordinance. Such city, town or village, at
the request of the applicant, shall consolidate and coordinate said
application, permit, variance and hearing procedures, as required by
each such governing authority, into a single, comprehensive hearing and
review procedure with regard to such activity or development. However,
nothing contained in this section shall be deemed to limit or restrict
the state, its subdivisions or any other governing authorities, which
are properly a party to such consolidated review proceeding, from the
independent exercise of such discretionary authority with respect to the
issuance, denial or modification of such permits, variances or other
forms of approval as they may have been granted by law.